B-1/B-2 business and tourist visa: what you can and can't do

Wang Law Firm, LLC · David Wang, Managing Attorney

B-1 is the visa for short business visits, and B-2 is for short visits for tourism, visiting family, medical treatment and similar purposes; in practice they're usually issued together as a B-1/B-2. It's the most common U.S. visa, but also the most easily misused: a B visa allows you to "visit," not to "work" or "settle" in the U.S., and the line between the two is the source of many problems.

A B visa's validity (the period during which you can seek entry) and how long you can stay after each entry are two different things. The validity on the visa only determines when you can apply for admission; how long you can stay each time is decided by U.S. Customs and Border Protection (CBP) when you enter, and recorded on your I-94.

Permitted and prohibited activities

Category	Generally permitted	Generally not permitted
B-1 business	Meeting with business associates and negotiating contracts; attending professional, scientific or business conferences; short-term training (with no pay from a U.S. source); settling an estate; exploring the market and investment opportunities	Providing services for a U.S. company or receiving a salary from a U.S. source; actually running or managing a business in the U.S.; doing work in B-1 status that requires a work visa
B-2 tourism	Tourism, visiting family and friends, medical treatment, social or service events, short recreational courses not for credit	Studying for a degree or taking courses for credit (requires F-1 or M-1); any kind of work; living in the U.S. long-term under the guise of visiting

"Whether you're paid with U.S. money" isn't the only test. Even if a foreign company pays you, if you are actually providing productive services to U.S. clients in the U.S., you may still be outside what B-1 allows. Whether a particular activity is permitted depends on State Department and CBP rules; if in doubt, ask before you travel.

Common situations

Visiting family and looking after grandchildren: visiting family is fine. Living long-term at your child's home to "help with the kids," if it's really residence that replaces domestic help, or very frequent and long stays, can make the officer at the border suspect an intent to reside.
Attending conferences and trade shows: you can attend, listen, exhibit and negotiate. If you're invited to speak and paid for it, whether a specific exception applies must be checked; don't assume.
Exploring investments: you can look at projects, meet with attorneys and accountants, negotiate, sign contracts, open bank accounts and prepare for a future E-2 or EB-5. But until you have the corresponding status, you can't run the business yourself or work in it. For investor visas, see E-2 visa and EB-5.
Working remotely for a company back home: handling your home-country job remotely while in the U.S. on a B visa is a legally unclear gray area. Don't do it extensively or for long periods, and state the purpose of your visit truthfully when you enter.

The process

Complete the DS-160 online truthfully and completely, especially the questions about past refusals, overstays and relatives in the U.S.;
Pay the visa application fee and schedule the interview. For the visa application fee and related fees added in recent years, rely on what the U.S. Department of State currently publishes, available on the State Department visa fees page;
Attend the interview and answer questions about the purpose of your visit, your itinerary, funds, job and family;
After the visa is issued, holders of a People's Republic of China passport with a 10-year B visa must also complete Electronic Visa Update System (EVUS) enrollment before entering, and update it periodically as required (this doesn't apply to Hong Kong SAR, Macao SAR or Taiwan passports; rely on the current requirements on the CBP EVUS page);
At entry, CBP decides whether to admit you and for how long.

Interview wait times, the conditions for renewing without an interview, and each consulate's arrangements change often; check the latest announcements from the U.S. embassy or consulate where you'll apply.

214(b): nonimmigrant intent

Section 214(b) of the Immigration and Nationality Act presumes that every applicant has immigrant intent, and the applicant must show they will leave the U.S. after a short visit. The officer mainly looks at whether the purpose of the visit is clear and reasonable; whether you have stable ties at home such as a job, family and property; your past travel record; and whether your itinerary and funds match. Having immediate family in the U.S., past long stays or a record of immigrant petitions all make the review stricter.

A 214(b) refusal isn't a permanent bar, but before reapplying you should work out what the problem was; see What to do after a 214(b) refusal.

Length of stay and extensions

How long you can stay on each entry is set by your I-94 record. On a B visa it's usually up to 6 months, but the officer can give less. After entering, check it on the CBP I-94 website;
To stay longer, file an I-539 with USCIS before your I-94 expires, explaining the reason (such as medical treatment or caring for a sick family member) and showing that you have sufficient funds and will still leave;
While a timely extension request is pending, you generally don't accrue unlawful presence, but if it's denied, leave as soon as possible;
Overstaying automatically voids your visa, and you'll generally have to reapply in your home country in the future; more than 180 days or more than 1 year of unlawful presence in the U.S. triggers a 3-year or 10-year bar on returning after you leave, respectively.

A pattern like "go home for a while every six months, then come back for another six" isn't unlawful, but when you spend far more time in the U.S. than at home, the officer may conclude that you've effectively settled in the U.S. and refuse entry.

Changing status and applying for a green card

After entering on a B visa, you may, if eligible, change to F-1 or another status through an I-539, or in certain situations adjust status to apply for a green card. But if you already planned to change status or immigrate when you entered and didn't say so truthfully, you may be found to have made a misrepresentation. Applications to change status or for a green card filed soon after entry get close scrutiny. For related discussion, see Marriage green card and Adjustment of status (I-485).

An introduction to the Visa Waiver Program (ESTA)

The Visa Waiver Program allows passport holders of designated countries or regions, once approved through the Electronic System for Travel Authorization (ESTA), to enter the U.S. without a visa for tourism or business, for up to 90 days each time. In principle you can't extend, and you can't change to another nonimmigrant status inside the U.S. Mainland China passports are not eligible for the Visa Waiver Program; their holders must apply for a B visa. Whether other passports qualify depends on the current list and conditions published on the CBP ESTA page.

Timing and costs

Interview wait times vary widely by embassy or consulate; you can check estimated wait times for each location on the State Department website. For fees and how to check, see How to check filing fees and processing times. I-539 extension fees and processing times are as currently published by USCIS. Visa-related fees and entry restrictions on some countries have changed a lot in recent years; verify the latest rules before traveling or filing.

Common mistakes and reasons for refusal

A DS-160 inconsistent with what you say at the interview, or concealing past refusals or overstays;
Being unable to explain the purpose of the visit clearly, or a trip length that doesn't fit your job and family situation;
Using a B visa to come to the U.S. to "look for a job first" or "start school first";
Thinking a 10-year visa means you can stay a long time on each visit;
Telling the officer at entry one purpose and actually doing something else.

Common questions

My visa is valid for 10 years. Can I live in the U.S. for 10 years?

No. The visa's validity only means you can seek entry during that period; how long you can stay each time depends on your I-94, usually up to 6 months.

Can I register a company in the U.S. on B-1?

You can register a company, open a bank account, sign contracts, explore and prepare. But until you have the appropriate work or investor status, you can't personally run a business in the U.S. or work for the company.

My parents are visiting. Can they apply to extend their stay?

They can file an I-539 before their I-94 expires, but they need a reasonable reason and supporting evidence. Frequent or long extensions may affect future visa applications and entries.

Can I give birth in the U.S. after entering on a B visa?

The State Department considers travel primarily for the purpose of giving birth in the U.S. to obtain U.S. citizenship for the child not to be a permissible purpose for a B visa, and a visa may be refused on that basis. If you genuinely need medical care, explain truthfully and show that you can pay for it.